Patna High CourtCR. MISC./3456/2019bail granted

Dhirendra Kumar Sah v. The State Of Bihar And ANR

2019-01-25Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3456 of 2019 Arising Out of PS. Case No.-1537 Year-2013 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Dhirendra Kumar Sah, son of Late Bharat Prasad, Resident of VillageKhansama Tola, Police Station- Hathua, District- Gopalganj. ... ... Petitioner

Versus

1. The State of Bihar.

2. Azhar Ahmad Ansari, son of Izharuddin Ansari, Resident of Village- Motipur Chiktoli, Police Station- Hathua, District- Gopalganj. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No.1537 of 2013 (Trial No.447 of 2018), registered for the offence under Section 420 of the Indian Penal Code.

The petitioner is a contractor. Allegation has been made that he has taken Rs.7,30,000/- from the complainant, but he has completed the work of Rs.2,00,000/- only. Further allegation has been made that neither the petitioner has completed the rest work nor he has returned the money. However, contra allegation has been made by the petitioner that

Patna High Court Cr.Misc. No.3456 of 2019(2) dt.25-01-2019 2/2 he has completed the work of Rs.7,30,000/- but only Rs.2,00,000/- has been given by the complainant and still Rs.5,00,000/- is due against the complainant. Looking to the entire facts and circumstances of the case, let the petitioner, namely, Dhirendra Kumar Sah, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-XIII, Gopalganj, in connection with Complaint Case No.1537 of 2013 (Trial No.447 of 2018), subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) pawan/- U T